Madras High CourtWP(MD)/18843/2023dismissed

Sundaramoorthy v. The Principal Chief Conservator Of Forest

2023-08-03Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Sundaramoorthy ... Petitioner Vs.

1.The Principal Chief Conservator of Forest, The Principal Chief Forest Office, No.1, Jeenis Road, Panagal Building, Saithapet, Chennai - 600 015.

2.The Conservator of Forest, Conservator Office, Race Course Road, Madurai Division, Madurai.

3.The District Forest Officer, Madurai Division, Race Course Road, Madurai - 625 002.

4.A.Madaar Mydeen ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents not to grant saw mill license to the fourth respondent in survey number 87/2A2B, 1/5

Lakshmipuram Village, Peraiyur Circle by considering the representation of the petitioner dated 06.07.2023 within a time stipulated by this Court. For Petitioner : Mr.K.P.Sankara Kumarakurubaran For R-1 to R-3 : Mr.A.K.Manikkam, Special Government Pleader For R-4 : Mr.R.Gandhi, Senior Counsel, For M/s.Gandhi Associates.

ORDER

This Writ Petition is filed for Mandamus, directing the respondents not to grant a sawmill license to the fourth respondent in survey number 87/2A2B, Lakshmipuram Village, Peraiyur Circle by considering the representation of the petitioner dated 06.07.2023.

2. The learned counsel appearing for the fourth respondent submitted that already license was granted to one K.K.Muniyandi in the year 2013. The petitioner has purchased the said license and the petitioner has submitted the application to effect name transfer in the license and that was granted through order dated 24.07.2023.

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3. Now the petitioner has changed the place of sawmill from Peraiyur, Usilai Road to Lakshmipuram. The change of place was also considered by the respondents and they have granted permission to change the place of saw mill. The petitioner is having lands near Lakshmipuram and near the disputed site. Therefore, the petitioner is objecting for effect transfer of place. This Court is of the considered opinion that the petitioner is not having any rights to object.

4. Hence, this Writ Petition is dismissed. There shall be no order as to costs.

03.08.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Nsr 3/5

To 1.The Principal Chief Conservator of Forest, The Principal Chief Forest Office, No.1, Jeenis Road, Panagal Building, Saithapet, Chennai - 600 015.

2.The Conservator of Forest, Conservator Office, Race Course Road, Madurai Division, Madurai.

3.The District Forest Officer, Madurai Division, Race Course Road, Madurai - 625 002.

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S.SRIMATHY, J.

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